23. Mode of conferring powers.-

Except as otherwise provided by this Part, any power that may be conferred by the High Court on any person under this Part may be conferred on such person either by name or by virtue of office.

24. Continuance of powers of officers.-

Whenever any person holding an office in the service of Government who has been invested with any power under this Part throughout any local area is transferred or posted at any subsequent time to an equal or higher office of the same nature within a like local area, he shall, unless the High Court otherwise directs or has otherwise directed, exercise the same powers in the local area to which he is so transferred or posted.

25. Provisions regarding petition writers.-

The High Court may from time to time make rules consistent with this Act and any other enactment for the time being in force:-

(a) declaring what persons shall be permitted to act as petitionwriter in the Courts subordinate thereto;

(b) regulating the issue of licences to such persons, the conduct of business by them, and the scale of fees to be charged by them; and

(c) determining the authority by which breaches of such rules shall be investigated and the penalties which may be imposed. 

26. Control of list of holidays.-

(1) The High Court shall prepare a list of days to be observed in each year as holidays in Civil Courts subordinate thereto.

(2) Every such list shall be published in the Official Gazette.

27. Seal.-

Every Court constituted under this Act shall use a seal of such form and design as are or may be prescribed by the High Court. 1

[27-A. Certain provisions to over-ride other laws.-

The amendments made in this Act by the Himachal Pradesh Courts (Amendment) Act, 1984 shall have effect notwithstanding anything inconsistent therewith contained in sub-section (3) of section 17 of the Delhi High Court Act, 1966 and in section 23 of the State of Himachal Pradesh Act, 1970.]

28. Temporary vacancies of office of District Judge.-

In the event of absence of the District Judge or in the event of a vacancy in that office for whatever reason, the Additional District Judge or if there are more than one Additional District Judges present, the first in rank among them and in case there be no Additional District Judge present, the first in rank among the 2 [Civil Judges] present, shall, in addition to his own duties, discharge the functions of the District Judge with respect to the filing of the suits and appeals, receiving pleadings, miscellaneous applications and the like, as also with respect to the distribution thereof.

29. Power to make rules.-

(1) The High Court may from time to time make rules consistent with this Act and any other law for the time being in force for the purpose of carrying into effect the provisions of this Act.

(2) In particular and without prejudice to the generality of the powers conferred by sub-section (1) such rules may provide for all or any of the following matters:-

(a) for the supervision of all Courts subordinate to the High Court and their visitation and inspection;

(b) for the translation of any paper in the High Court and the preparation of paper books for the hearing of appeals and the copying or printing of any such papers of translations and the recovery from the persons at whose instance or on whose behalf papers are filed, of the expenses thereby incurred;

(c) the fees to be charged for processes issued by the Civil Courts, or by any officer of any such Court, and the fee payable in any suit or proceeding in any such Court by any party to such suit or proceeding in respect of the fees of the pleader of any other party to such suit or proceedings;

(d) the manner in which the proceedings of Civil Court shall be kept and recorded, the manner in which paper books for the hearing of appeals shall be prepared and the granting of copies;

(e) all matters relating to officers of Court.

30. Repeal and savings.-

(1) The Punjab Courts Act, 1918 (6 of 1918) as in force in the areas added to Himachal Pradesh under section 5 of the Punjab Re-organisation Act, 1966 (31 of 1966) and the Himachal Pradesh (Courts) Order, 1948 as in force in the areas comprised in Himachal Pradesh immediately before 1stNovember, 1966 are hereby repealed:

(a) Provided that anything done or any action taken, courts constituted, notifications issued, rules made, powers conferred, delegations and appointments made under the said Act or the said Order shall be deemed to have been done, taken, constituted, issued and conferred under the corresponding provision of this Act;

(b) Provided further that in every enactment now in force and in every appointment order, order, rule, bye-law, notification or form made or issued thereunder, all references to the said Act, or the said Order shall be construed as referring to this Act.

(2) For the removal of doubts, it is hereby declared that all suits, appeals, revisions, applications, reviews, executions and other proceeding whatsoever pending in any of the Courts established under the Act, or the order repealed under sub-section (1) shall be continued and concluded in the same Court as if the said Court had been duly established under this Act.